Quote:
Originally Posted by skyguy79
With all due respect I find this hard to believe under the circumstances of the pictures usage that it was done in violation of a military regulation. Please provide me with a link containing that regulation (you're stating he's in violation of) so I can read it and for myself and make my own judgement!
|
See 10 U.S.C. § 771 (criminalizing unauthorized use of military uniforms, distinctive parts thereof and anything similar to distinctive parts thereof); 18 U.S.C. § 702 (criminalizing unauthorized use of military or Public Health Service uniforms, distinctive parts thereof or anything resembling distinctive parts thereof); 18 U.S.C. § 704 (criminalizing unauthorized use of military medals and decorations); DoD Instruction 5410.20 § 7.1 (restricting use of Department of Defense materiel, including uniforms).
and from
http://www.governmentcontractslawblo...terials/#_edn4
federal, state and foreign laws and regulations restrict the use in promotional or advertising materials of government personnel images, uniforms and insignia without specific, prior authorization. Indeed, applicable laws, in many cases, impose civil or criminal sanctions for such misuse.
Federal restrictions require that promotional or advertising materials not include any content that could be interpreted to imply affiliation with, or endorsement by, any agency, branch, office or other instrumentality of the United States.[i] Generally the prohibition includes:
· Identifiable personnel employed by federal entities ("Federal Personnel")[ii]
· Official insignias or other identifying symbols used by federal entities[iii]
· Authentic uniforms, markings or other designations used by Department of Defense entities[iv]
And from the Field Manual FM 27-14:
"You may not use your rank, position in the Army. or membership in the Army to endorse any business or any
business's product. For example, you may not appear in uniform in a television commercial to advertise for a
local business such as a used car company. Nor may you appear in civilian clothes on a television commercial
to advertise for a business and say that you are a soldier. Similarly, you may not allow a business to advertise
using your name and rank. For example, a business may not advertise in a local newspaper that "SP4 Jones says
he was very pleased with our company's product"
I am not an attorney but I had been told by a person I believe would know that use of military uniformed personnel in advertising was prohibited. Hopefully these citations will verify what I had been told to your satisfaction.